Unreturned Key Unlocks Big Cost for Former Tenant

In the case of a lease for nonresidential property, the written lease agreement between the parties will determine who is responsible for repairing the air conditioner. Both the landlord's and tenant's obligations will be spelled out.

Two common types of commercial leases are the gross lease and the triple-net lease. With a gross lease, the tenant is responsible for paying a flat rent and the landlord is required to pay all expenses, such as taxes, utilities, insurance and maintenance. In the case of a triple-net lease, the tenant is required to pay all those expenses.

Many commercial leases require that the tenant obtain a service contract to maintain the air-conditioning system and pay for any necessary repairs.

You need to carefully read the lease to determine who is responsible for the repairs. Even if the air conditioner is your responsibility, it is likely that the lease requires your tenant to notify you of the problem and give you a reasonable opportunity to make the repairs. If the repair is your responsibility, it would be reasonable to offer to split the cost.

Kellman, the tenants' lawyer, replies:

In commercial tenancies, the lease is very much the controlling force between the parties. The law steps in very little to protect the commercial tenant against unfair situations or potential hardships.

For example, commercial tenants may not withhold rent based on defects in the building such as a plumbing leak. Many commercial landlords and tenants get confused about their rights and obligations in commercial law based on their common-sense interpretations of what seems fair and what goes on with residential rentals.

James is correct when he directs you to read your lease. It should specify who must maintain the heating, ventilation and air-conditioning (HVAC) system. In some commercial leases, the landlord will be responsible for part or all of the HVAC system. Some leases place the burden on the tenants, along with their having to pay maintenance contracts. Many leases will not allow tenants to make any repairs or modifications without the landlord's consent, and many require the tenants to give adequate notice before a repair must be made by the landlord.

Because the work has already been done, you should read the lease to determine who is responsible. If you are responsible, and the bill is more than you could have gotten the repair done for, you could offer to pay what it would have cost had you been properly notified and had your contractor done the work.

This column on issues confronting tenants and landlords is written by property manager Robert Griswold and San Diego lawyers Steven R. Kellman, director of the Tenants Legal Center, and James McKinley, member of the Moffitt & Associates law firm, which represents landlords. E-mail questions to Griswold atrgriswold.inman@retodayradio.com. Questions should be brief and cannot be answered individually.

© 2007 Inman News Features

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